THIRD AMENDMENT TO NOTE
Exhibit 4.36
THIRD AMENDMENT TO NOTE
This Third Amendment to Unsecured Subordinated Promissory Note (this “Amendment”), is made as of May 10, 2024 (the “Effective Date”), by and among Flewber Global Inc., a Delaware corporation (the “Company”) and Xxxxxxx Xxxxx(the “Holder”).
RECITALS
A. WHEREAS, the Company previously issued that certain Unsecured Subordinated Promissory Note to the Holder, dated November 17, 2023 (the “Note”).
B. WHEREAS the Note was previously amended on February 22, 2024, extending the maturity date of the Note to May 10, 2024.
C. WHEREAS, the Company and the Holder desire to further amend the Note as set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual agreements, covenants and considerations contained herein, the receipt of which are hereby acknowledged, the parties agree as follows:
1. Capitalized Terms. Capitalized terms used but not defined herein have the meanings ascribed to them in the Note.
2. Maturity Date. The Maturity Date shall be further extended from May 10, 2024 through and until June 30, 2024.
3. Consideration. In consideration for the Holder’s agreement to further extend the maturity date of the Note to June 30, 2024, the Company shall pay to the holder the sum of Fifteen Thousand dollars ($15,000).
4. No Other Modifications. Except as expressly set forth in this Amendment, the Note remains unmodified and each term and condition thereof shall continue in full force and effect.
5. Miscellaneous.
(a) Choice of Law. This Amendment, and all matters arising out of or relating to this Amendment, whether sounding in contract, tort, or statute will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New York.
(b) Binding Agreement. The terms and conditions of this Amendment shall inure to the benefit of, and be binding upon, the respective successors and permitted assigns of the Holder and the Company.
(c) Titles and Subtitles. The titles and subtitles in this Amendment are used for convenience only and are not to be considered in construing or interpreting this Amendment.
(d) Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Delivery of an executed counterpart of this Amendment by electronic transmission shall be equally effective as delivery of an executed hard copy of the same.
[Signature page follows]
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the Effective Date set forth above.
COMPANY: | ||
FLEWBER GLOBAL INC., a Delaware Corporation | ||
By: | /s/ Xxxx Xxxxxxx | |
Name: | Xxxx Xxxxxxx | |
Title: | President and Chief Executive Officer | |
HOLDER: | ||
By: | /s/ Xxxxxxx Xxxxx | |
Name: | Xxxxxxx Xxxxx |
[Signature Page – Amendment to Note]